California Lawyers Association

Trusts and Estates Case Alerts

Timely case alerts and updates from the Trusts and Estates Section

Summary: The trial court is not required to employ an effectiveness test before awarding attorneys’ fees and costs to the Attorney General in a charitable trust enforcement action. Read more
Summary: A person who misappropriates estate property in bad faith must return the property, plus pay twice the property’s value as a separate penalty. Read more
Summary: Unambiguous wills may be reformed based on extrinsic evidence establishing clear and convincing evidence of a mistake in the drafting, and of the testator’s actual and specific intent. Read more
Summary: LPS conservatees are similarly situated to persons found not guilty by reason of insanity and individuals subject to other involuntary civil commitments for purposes of the right against compelled testimony. Read more
Summary: Where a trust beneficiary held a contingent future interest in the trust’s residue, he was entitled to notice and an opportunity to be heard on a petition eliminating that interest. Read more
Summary: A proposed conservatee must appear at the conservatorship hearing unless certain exceptions are met. Read more
Summary: A former beneficiary of a trust whose interest was eliminated by a subsequent amendment has standing to challenge the subsequent amendment in the Probate Court. Read more
Where the decedent kept a “permanent record” listing lifetime gifts to his children, the gifts were properly treated as advances on inheritance and deducted from at-death transfers under the trust. Read more
Summary: A decedent’s will can contain clear and convincing evidence to defeat the presumption of a right of survivorship to a joint tenancy account. Read more
Proposed LPS conservatees do not have a constitutional right to refuse to testify at their own conservatorship trials, as they are not similarly situated to, or considered, criminal defendants. Read more

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